CEU Electronic Theses and Dissertations, 2012
| Author | Mychka, Anna |
|---|---|
| Title | Software protection between patents and copyright:A comparative analysis |
| Summary | The purpose of this paper is to identify whether patent or copyright protection is better for software programs. Software industry has been intensively developing over the past few decades. Its novelty, dynamics and commercial application has attracted numerous and versatile businesses while complexity and multiplicity fascinated academia. Somewhere in between stands law. It has to walk the tightrope, balancing between interests of developers, businesses and public. At present, patentability of software is more inherent to the U.S. while Europe hesitates if it should remain with customary copyright or switch to patentability. The legal uncertainty has led to the situation when software enjoys protection from both copyright and patent. The most effective way to choose a proper means is to assess which is more beneficial to all interested parties. The proper solution lies in the realm of economic analysis of law. It offers an insight into practical results of legal provisions and how they affect economy and society. There is no proof that traditional incentive theory behind patentability works for software sector. On the other hand, copyright limitation to “written” elements of software is also ill-equipped to combat unfair use. Software is unconventional matter therefore it requires unconventional solutions. It is suggested that legislators should abandon traditional copyright-patent conflict and instead produce a unique however balanced provisions to specifically meet the needs of this modern phenomenon. |
| Supervisor | Sganga, Caterina |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2012/mychka_anna.pdf |
Visit the CEU Library.
© 2007-2021, Central European University